| Matter of Oakland, deceased |
| Motion No: 2023-09575 |
| Slip Opinion No: 2024 NY Slip Op 60739(U) |
| Decided on January 17, 2024 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M293569
AFA/
BETSY BARROS, J.P.
CHERYL E. CHAMBERS
PAUL WOOTEN
LILLIAN WAN, JJ.
|
2023-09575, 2023-09578 In the Matter of Douglas Oakland, deceased. Briana A. Oakland, et al., petitioners-respondents; Stephanie Oakland, respondent-appellant; Christian Oakland, et al., nonparty-appellants, Christine Hill, et al., nonparty-respondents. (File No. 3001/2015)
| DECISION & ORDER ON MOTION |
Appeals from a decree of the Surrogate's Court, Suffolk County dated October 16, 2023, and a decision of the same court dated September 13, 2023. Motion by the nonparty-appellants to stay enforcement of the decree, pending hearing and determination of the appeals. Cross-motion by petitioners-respondents to dismiss the appeal by the nonparty-appellants on the ground that no appeal lies from a paper entered upon the default of the appealing party.
Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross-motion is granted and the appeal by the nonparty-appellants is dismissed, without costs or disbursements (see CPLR 5511).
BARROS, J.P., CHAMBERS, WOOTEN and WAN, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court